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TITLE 8. INDUSTRIAL RELATIONS DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTER 4.5. DIVISION OF WORKERS' COMPENSATION

SUBCHAPTER 1. ADMINISTRATIVE DIRECTOR -- ADMINISTRATIVE RULES ARTICLE 8. BENEFIT NOTICES; CLAIMS ADMINISTRATOR'S DUTIES AND

RESPONSIBILITIES; CLAIM FORM AND NOTICE OF POTENTIAL ELIGIBILITY FOR BENEFITS; REGULATORY AUTHORITY OF THE ADMINISTRATIVE DIRECTOR

9813.1. Notice of Supplemental Job Displacement Benefit, Notice of Offer of Modified or Alternative Work For Injuries Occurring on or After January 1, 2004.

10116.9. Definitions for Articles 6.5 and 7.5.

10117. Offer of Work; Adjustment of Permanent Disability Payments.

10118. Form [DWC-AD 10118 Notice of Offer of Work for Injuries Occurring Between 1/1/04 12/31/12.]

10133.31. Requirement to Issue Supplemental Job Displacement Nontransferable Voucher for Injuries Occurring on or After January 1, 2013. 10133.32. Form [DWC-AD 10133.32 Supplemental Job Displacement Nontransferable Voucher For Injuries Occurring On or After 1/1/13.]

10133.33. Form [DWC-AD 10133.33 Description of Employees Job Duties.]

10133.34. Offer of Work for Injuries Occurring On or After January 1, 2013.

10133.35. Form [DWC-AD 10133.35 Notice of Offer of Work for Injuries Occurring On or After 1/1/13.]

10133.36. Form [DWC-AD 10133.36 Physicians Return-to-Work & Voucher Report.]

10133.51. Notice of Potential Right to Supplemental Job Displacement Benefit.

10133.52. Form [DWC-AD "Notice of Potential Right to Supplemental Job Displacement Benefit Form."]

10133.53. Form [DWC-AD 10133.53 "Notice of Offer of Modified or Alternative Work for Injuries Occurring Between 1/1/04 12/31/12.]

10133.55 Form [DWC-AD 10133.55 Request for Dispute Resolution Before the Administrative Director.]

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10133.57. Supplemental Job Displacement Nontransferable Training Voucher Form for Injuries Occurring Between 1/1/04 12/31/12.

10133.58. State Approved or Accredited Schools.

10133.60. Termination of Claims Administrators Liability for the Supplemental Job Displacement Voucher.

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TITLE 8. INDUSTRIAL RELATIONS DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTER 4.5. DIVISION OF WORKERS' COMPENSATION

SUBCHAPTER 1. ADMINISTRATIVE DIRECTOR -- ADMINISTRATIVE RULES ARTICLE 8. BENEFIT NOTICES; CLAIMS ADMINISTRATOR'S DUTIES AND

RESPONSIBILITIES; CLAIM FORM AND NOTICE OF POTENTIAL ELIGIBILITY FOR BENEFITS; REGULATORY AUTHORITY OF THE ADMINISTRATIVE DIRECTOR

8 CCR 9813.1 (2012)

9813.1. Notice of Supplemental Job Displacement Benefit, Notice of Offer of Modified or Alternative Work. For Injuries Occurring on or After Between January 1, 2004 and December 31, 2012.

(a) Notice of Potential Right to Supplemental Job Displacement Benefit (SJDB). Within 10 days of the last payment of temporary disability indemnity, if such notice has not previously been provided, the claims administrator shall advise the employee of his or her potential right to the supplemental job displacement benefit. The claims administrator shall use the mandatory form "Notice of Potential Right to Supplemental Job Displacement Benefit" that is set forth in section 10133.52 of these regulations. The notice shall be sent to the employee by certified mail. (b) Notice of Offer of Modified or Alternative Work. Within 30 days of the termination of temporary disability indemnity payments, the employer may offer, in the form and manner prescribed by section 10133.53 of these regulations, modified or alternative work accommodating the employee's work restrictions, lasting at least 12 months. Authority: Sections 59, 133, 138.3, 138.4, 4658.5 and 5307.3, Labor Code. Reference: Sections 124, 4658.1, 4658.5 and 4658.6, Labor Code.

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TITLE 8. INDUSTRIAL RELATIONS

DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTER 4.5. DIVISION OF WORKERS' COMPENSATION

SUBCHAPTER 1.5. INJURIES ON OR AFTER JANUARY 1, 1990 ARTICLE 6. RETRAINING AND RETURN TO WORK--DEFINITIONS AND GENERAL

PROVISIONS

8 CCR 10116.9 (2012) 10116.9. Definitions for Articles 6.5 and 7.5. The following definitions apply to the provisions of Articles 6.5 and 7.5 governing injuries occurring on or after January 1, 2004: (a) "Alternative work" means work (1) offered either by the employer who employed the injured worker at the time of injury, or by another employer where the previous employment was seasonal work, (2) that the employee has the ability to perform, (3) that offers wages and compensation that are at least 85 percent of those paid to the employee at the time of injury, and (4) that is located within a reasonable commuting distance of the employee's residence at the time of injury. (b) "Approved training facility" means a training or skills enhancement facility or institution that meets the requirements of section 10133.58.

(c) "Claims administrator" means a self-administered insurer providing security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a self-administered self-insured employer, a self-administered joint powers authority, a self-administered legally uninsured, or a third-party claims administrator for a self-insured employer, insurer, legally uninsured employer, or joint powers authority. (d) "Employer" means the person or entity that employed the injured employee at the time of injury. (e) "Essential functions" means job duties considered crucial to the employment position held or desired by the employee. Functions may be considered essential because the position exists to perform the function, the function requires specialized expertise, serious results may occur if the function is not performed, other employees are not available to perform the function or the function occurs at peak periods and the employer cannot reorganize the work flow.

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(f) Furnished means five days after the date of deposit in the United States mail or the date of personal service.

(fg) "Insurer" has the same meaning as in Labor Code section 3211. (gh) "Modified work" means regular work modified so that the employee has the ability to perform all the functions of the job and that offers wages and compensation that are at least 85 percent of those paid to the employee at the time of injury, and located within a reasonable commuting distance of the employee's residence at the time of injury. (hi) "Nontransferable training voucher" means a document provided to an employee that allows the employee to enroll in education-related training or skills enhancement. The document shall include identifying information for the employee and claims administrator, and specific information regarding the value of the voucher pursuant to Labor Code section 4658.5.

(ij) "Notice" means a required letter or form generated by the claims administrator and directed to the injured employee.

(jk) "Offer of modified or alternative work" means an offer to the injured employee of medically appropriate employment with the date-of-injury employer through the use of Form DWC-AD 10133.53, Notice of Offer of Modified or Alternative Work for Injuries Occurring Between 1/1/04 12/31/12 or Form 10133.35 Notice of Offer of Regular, Modified, or Alternative Work for Injuries Occurring on or after 1/1/13.

(kl) "Parties" means the employee, the claims administrator and their designated representatives, if any. (lm) "Permanent and stationary" means the point in time when the employee has reached maximal medical improvement, meaning his or her condition is well stabilized, and unlikely to change substantially in the next year with or without medical treatment, based on (1) an opinion from a treating physician, AME, or QME; (2) a judicial finding by a Workers' Compensation Administrative Law Judge, the Workers' Compensation Appeals Board, or a court; or (3) a stipulation that is approved by a Workers' Compensation Administrative Law Judge or the Workers' Compensation Appeals Board. (mn) "Permanent partial disability award" means a final award of permanent partial disability determined by a workers' compensation administrative law judge or the appeals board.

(o) Receipt means the date of actual receipt by electronic delivery, personal service, or five days after the date of deposit in the United States mail.

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